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Investec Bank Limited v T.R.L and Another (12503/2021) [2025] ZAGPPHC 177 (25 February 2025)
The High Court reduced the reserve price for a primary-residence sale in execution from R2 million to R1.6 million under Rule 46A(9).
Mblebuka v Changing Tides 17 (Pty) Ltd (B4-2024) [2024] ZAGPPHC 96 (8 February 2024)
An urgent application to suspend or vary a Rule 46A sale-in-execution order was struck from the roll for lack of urgency, with attorney-and-client costs.
Standard Bank of South Africa Ltd v Tchibamba and Another (5642/2018) [2022] ZAWCHC 169; 2022 (6) SA 571 (WCC) (2 September 2022)
The court held that Rule 46A(9) does not require a fresh application for reconsideration of the reserve price; rather, the process is an extension of the original Rule 46A application. The reconsideration is inquisitorial, not adversarial, and the court must be able to call for updated information from the Sheriff and interested parties. The registrar should place the Sheriff’s report before a judge, who must afford the parties a reasonable opportunity to supplement the record and make submissions. The court found that the judgment debtors had entered into a private sale agreement for the pro…
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